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Title 42 — The Public Health and WelfareRelease 119-73not60

§11373 Allocation and Distribution of Assistance

Title 42 › Chapter 119— HOMELESS ASSISTANCE › Subchapter IV— HOUSING ASSISTANCE › Part B— Emergency Solutions Grants Program › § 11373

Last updated Apr 5, 2026|Official source

Summary

The Secretary must divide the money so each State, metropolitan city, and urban county gets the same share of this program in a fiscal year that they got under section 5306 in the prior fiscal year. If a city or county would get less than 0.05 percent of the amounts appropriated under section 11364 for a year, that small amount goes to the State instead. One exception: a city in a State with no counties, with a population over 40,000 but under 50,000 for the fiscal year 1987 formula, and that received more than $1,000,000 in community development block grant funds in fiscal year 1987, will get its full allocation directly. Local governments can pass some or all of their money to nonprofits that help homeless people, to public housing agencies, or to local redevelopment authorities. States can also pass money to such nonprofits if the local government where the project is located approves. At least once each fiscal year the Secretary must reallocate money that is unused, returned, or became available under the rules above. If a city or county does not get its comprehensive plan approved within 90 days after funds first become available that year, its money is available to the State if the State’s plan is approved; if not, the Secretary will give those funds to other places showing extraordinary need or large numbers of homeless people. If a State fails to get plan approval in 90 days, its money is reallocated to other States, cities, or counties with great need. For amounts appropriated after July 22, 1987, the Secretary must also set a formula to allocate funds to U.S. territories (Virgin Islands, Guam, American Samoa, Northern Mariana Islands, the Trust Territory of the Pacific Islands, and other territories or possessions).

Full Legal Text

Title 42, §11373

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The Secretary shall allocate assistance under this part to metropolitan cities, urban counties, and States (for distribution to local governments and private nonprofit organizations in the States) in a manner that ensures that the percentage of the total amount available under this part for any fiscal year that is allocated to any State, metropolitan city, or urban county is equal to the percentage of the total amount available for section 5306 of this title for such prior fiscal year that is allocated to such State, metropolitan city, or urban county.
(b)If, under the allocation provisions applicable under this part, any metropolitan city or urban county would receive a grant of less than 0.05 percent of the amounts appropriated under section 11364 of this title and made available to carry out this part for any fiscal year, such amount shall instead be reallocated to the State, except that any city that is located in a State that does not have counties as local governments, that has a population greater than 40,000 but less than 50,000 as used in determining the fiscal year 1987 community development block grant program allocation, and that was allocated in excess of $1,000,000 in community development block grant funds in fiscal year 1987, shall receive directly the amount allocated to such city under subsection (a).
(c)Any local government receiving assistance under this part may distribute all or a portion of such assistance to private nonprofit organizations providing assistance to homeless individuals, to public housing agencies (as defined under section 1437a(b)(6) of this title), or to local redevelopment authorities (as defined under State law). Any State receiving assistance under this part may distribute all or a portion of such assistance to private nonprofit organizations providing assistance to homeless individuals, if the local government for the locality in which the project is located certifies that it approves of the project.
(d)(1)The Secretary shall, not less than once during each fiscal year, reallocate any assistance provided under this part that is unused or returned or that becomes available under subsection (b).
(2)If a city or county eligible for a grant under subsection (a) fails to obtain approval of its comprehensive plan during the 90-day period following the date funds authorized by this part first become available for allocation during any fiscal year, the amount that the city or county would have received shall be available to the State in which the city or county is located if the State has obtained approval of its comprehensive plan. Any amounts that cannot be allocated to a State under the preceding sentence shall be reallocated to other States, counties, and cities that demonstrate extraordinary need or large numbers of homeless individuals, as determined by the Secretary.
(3)If a State fails to obtain approval of its comprehensive plan during the 90-day period following the date funds authorized by this part first become available for allocation during any fiscal year, the amount that the State would have received shall be reallocated to other States and to cities and counties as applicable, that demonstrate extraordinary need or large numbers of homeless individuals, as determined by the Secretary.
(e)In addition to the other allocations required in this section, the Secretary shall (for amounts appropriated after July 22, 1987) allocate assistance under this part to the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States, in accordance with an allocation formula established by the Secretary.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 414 of Pub. L. 100–77 was classified to section 11374 of this title prior to renumbering as section 415 and repeal by Pub. L. 111–22.

Amendments

2016—Subsec. (c). Pub. L. 114–201, inserted “, public housing agencies, and local redevelopment authorities” after “organizations” in heading and inserted “, to public housing agencies (as defined under section 1437a(b)(6) of this title), or to local redevelopment authorities (as defined under State law)” before period at end of first sentence. 2015—Subsec. (d)(1). Pub. L. 114–94 substituted “once” for “twice”. 2009—Subsec. (b). Pub. L. 111–22, § 1201(5), substituted “amounts appropriated under section 11364 of this title and made available to carry out this part for any” for “amounts appropriated to carry out this part for any”. 1996—Subsec. (a). Pub. L. 104–330, § 506(a)(3)(A), struck out “, and to Indian tribes,” after “in the States)” and “, or for Indian tribes” after “or urban county” in two places. Subsec. (c). Pub. L. 104–330, § 506(a)(3)(B), struck out “or Indian tribe” after “Any local government”. Subsec. (d)(3). Pub. L. 104–330, § 506(a)(3)(C)(ii), struck out “, or other Indian tribes,” after “cities and counties”. Pub. L. 104–330, § 506(a)(3)(C)(i), which directed amendment of par. (3) by striking “, or Indian tribe” each place it appeared, was executed by striking “or Indian tribe” after “State” in two places to reflect the probable intent of Congress. 1990—Subsec. (a). Pub. L. 101–625, § 832(f)(3), inserted “, and to Indian tribes,” after “States)” and “, or for Indian tribes” after “urban county” in two places. Subsec. (c). Pub. L. 101–625, § 832(f)(4), inserted “or Indian tribe” after “local government”. Subsec. (d)(3). Pub. L. 101–625, § 832(f)(5), inserted “or Indian tribe” after “State” in two places and “, or other Indian tribes, as applicable,” after “counties”. 1988—Subsec. (a). Pub. L. 100–628, § 421(a), inserted “and private nonprofit organizations” after “local governments”. Subsec. (c). Pub. L. 100–628, § 421(b), inserted at end “Any State receiving assistance under this part may distribute all or a portion of such assistance to private nonprofit organizations providing assistance to homeless individuals, if the local government for the locality in which the project is located certifies that it approves of the project.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2009 AmendmentAmendment by Pub. L. 111–22 effective on the earlier of 18 months after May 20, 2009, or 3 months after publication of certain final

Regulations

by Secretary of Housing and Urban Development, see section 1503 of Pub. L. 111–22, set out as a note under section 11302 of this title.

Effective Date

of 1996 AmendmentAmendment by Pub. L. 104–330 effective Oct. 1, 1997, except as otherwise expressly provided, see section 107 of Pub. L. 104–330, set out as an

Effective Date

note under section 4101 of Title 25, Indians. Amendment by Pub. L. 104–330 applicable with respect to amounts made available for assistance under this subchapter for fiscal year 1998 and fiscal years thereafter, see section 506(c) of Pub. L. 104–330, set out as a note under section 11371 of this title.

Executive Documents

Termination of Trust Territory of the Pacific Islands For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

Reference

Citations & Metadata

Citation

42 U.S.C. § 11373

Title 42 — The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60